pdfMachine Signer distribution permissions and end-user license agreement
Software hiring conditions for pdfMachine®
1. Contractual item
1.1. contractual item is the printer driver pdfMachine® in the available version, which by the licenser broadgun software becomes, Hermes&Nolden GbR in the following (Broadgun software) licensed. The licenser reserves itself, future versions and achievements including service, update, Upgrades, to offer servicing and maintenance maintenance for other conditions.
1.2. This license agreement applies to the test version the pdfMachine. If you use the registered version the pdfMachine, read please additionally the section pdfMachine Standardlizenzvereinbarung. PdfMachine license agreement test version
2.1 by the use, the duplication, transmission, passing on or installation of the pdfMachine software explain you your agreement with all regulations of this license agreement. If you do not agree with any of the regulations specified here, you may not use the pdfMachine, copy, to transfer, pass on or install.
3. License extent
3.1 with the pdfMachine does not concern it a Freeware product. According to the regulations specified down Broadgun grants software to test free of charge or in connection with the water-mark durably use. They may without paying the royalty at Broadgun software:
a) accurate copies of these pdfMachine Testversion personally to any person hand over;
b) accurate copies of these pdfMachine Testversion in arbitrary number spread, if this happens exclusively on electronic way;
c) any number of accurate copies of these pdfMachine Testversion for the purpose to that under (A) and (B) described passing on provide.
3.2 it is expressly forbidden, to copies, to pass on equal which kind, this pdfMachine Testversion against a fee or a donation or without previous written permission on the part of Broadgun software with any other commercial or other products. Broadgun software reserves the right to recall the authorization for the passing on of the pdfMachine Testversion at any time and without indication from reasons, given above, to. the normal fulfilment of the obligationobligation obligation sets
4.1 each guarantee by Broadgun software in accordance with § 5 Abs. 3 ahead.
4,2 Broadgun software can primarily by rework ensure. The rework takes place via error correction, via leaving a new programming or via it that Broadgun points software out possibilities of avoiding the effects of the error.
4,3 of case the rework - if necessary after several attempts - finally, has the user failed the right to cancel the contract regarding the incorrect supply or achievement or reduce the remuneration.
4.4 by payment of damages § 7 applies. Other warranty laws are impossible. Expenditures for a lack removal through third or costs of the contract does not owe Broadgun software. it expires to
4.5 the guarantee if the contractual items are changed by the user and he do not prove that a lack is of it independent.
4,6 Broadgun software the user with the error tracing will support. It does not turn out that the supplies and achievements are unsatisfactory of Broadgun software, then Broadgun software charges for the costs of the error tracing.
4.7 it is urgently recommended to test new software programs before the actual employment comprehensively in a not critical environment. They carry the entire risk for the fact that the program for the purposes aimed at by you can be used. to
5 limitation of liability
5,1 Broadgun software clings on payment of damages, equivalent from which argument (e.g. being to blame for with conclusion of a contract, delay, guarantee, bad action), only: during resolution, rough negligence and characteristic warranty in full height; with simple negligence from delay, impossibility and from this that a substantial obligation is hurt and thus the reaching of the treaty system is endangered, limited on substitution of the damage, which was predictable with conclusion of a contract typically and, however after the height limits to the contract volume; remains unaffected for
5.2 the legal adhesion for personal injuries and after the product liability law.
5.3 for overruns Broadgun software clings only, if the user guarantees that in regular intervals system inspections and data safety devices are accomplished and then only if the data are reproducible out in machine-readable form held ready volume of data at justifiable expenditure. a period of limitation of one year applies for
5.4 for requirements of the user from default, impossibility, delay, being to blame for during conclusion of a contract or cancellation of an agreement. It begins with the time, in which the user of the damage event attains knowledge.
6,1 all rights, in particular copyrights at the software and all articles and information, which the user receives in the context of the contractual relation from Broadgun software, is entitled to software excluding Broadgun.
6.2 the contracting parties becomes the articles in accordance with Abs. 1 against abusive use secure. Unauthorized third should arrive into the possession of the articles or the know-how contained in them, then the contracting parties will grant each reasonable support each other, in order to determine, on which way these knowledge was attained. The safety device of the programs against abusive use realize the contracting parties by the fact that they keep the programs carefully and the protected articles and information third does not make accessible outside of the rules of the contract. guarantee carries
7 rights out of third
7,1 Broadgun software for the fact that the transmission of rights, according to which received contracts, no rights third oppose. If third opposing rights state, the user will inform Broadgun software immediately in writing and comprehensively. Broadgun software will support and can it with the protection against such requirements also the argument directly with third lead. Broadgun software can replace the contentious contractual items and achievements by other articles and achievements.
8 concluding clauses
8,1 a determination of the present Treaty should be ineffective or be incomplete the contract, then the contract is not affected in the rest of contents. The ineffective regulations are considered as by such a regulation replaced, which comes the sense and purpose of the effective determination of legally effective way economically next.
8.2. Contract additions and contract modifications require writing. Conditions for writing are conditions for effectiveness.
8.3. It applies German right under exclusion of the UN right.
8.4. Area of jurisdiction for all disputes to the present Treaty is Solingen.
9,10 any rights at the pdfMachine software, which will transfer with this license agreement not expressly to you, remain excluding Broadgun software reserving. They are not justified to lend the pdfMachine software to change to letting, to translate, on their function mode to examine, to dekompilieren or take apart as well as basis for own software programs use.
10. Copyright pdfMachine® copyright © 1999-2002 all rights reserve. Changes license agreement PdfMachine Standardlizenzvereinbarung PdfMachine) the license agreements of the test version with these restrictions apply for agreement for a licensed and acquired copy:
11 license extent:
11.1 this copy the pdfMachine software do either of a individual person on a oder one or more computer install and exclusive of it use, or however on a only one workstation install and of several person on this a workstation use. An installation on several computers, which are used at the same time by different persons, is not permissible.
11.2 if you this copy of the pdfMachine software in a network to install, must you would like for each workstation, which accesses over the network the software, their own pdfMachine license to acquire. For example if eight (8) workstations can access the pdfMachine software in a network, then everyone of them needs its own pdfMachine license, independently of whether that takes place access at the same time or at different times.
11.3 if you this copy of the pdfMachine software on a terminal server or a comparable system to install, must you would like for each Client on the server access their own pdfMachine license to acquire. For example if eight (8) Clients can access the pdfMachine software in a network, then everyone of them needs its own pdfMachine license, independently of whether that takes place access at the same time or at different times.
Die Shareware-Version darf in allen Medien kostenfrei verteilt werden. Vertriebsfreigabe: Hiermit genehmigen wir, bis auf Widerruf alle unsere Shareware-Programme auf CD-ROM und in den Online-Medien zu verbreiten. Wir garantieren hiermit, dass alle Rechte an den Programmen bei uns liegen und wir den Verteiler und seine Auftraggeber von Ansprüchen Dritter freistellen. Sollten wir unsere Genehmigung zurückziehen, so dürfen alle derzeit in Arbeit befindlichen Projekte, die unsere Shareware enthalten, wie geplant abgeschlossen und anschließend vollständig abverkauft werden. Solingen, den 23.01.2004. Hermes & Nolden GbR
P.S. Wenn Sie eine unterschriebene Vertriebsfreigabe benötigen, dann wenden Sie sich bitte unter Angabe Ihrer Postanschrift oder Faxnummer an firstname.lastname@example.org.